Compliance

April 28, 2015

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Compliance

The Devil is in the Details

The National Labor Relations Act (NLRA) applies to most employers whether or not a union exists within the company. Protected concerted activity is not only related to union activity. Employees are allowed to complain about work conditions. The National Labor Relations Board (NLRB) continues to aggressively define protected, concerted activity. General Counsel, Richard J. Griffin recently compiled a report to provide employers guidance concerning work rules. The report discusses the NLRB’s opinion about the several categories of workplace rules. In general, broad statements prohibiting conduct are unlawful. For example, defining confidential as unauthorized disclosure could adversely affect the [Employer’s] interests, […]

March 4, 2015

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Compliance

EEOC Releases 2014 Statistics

The U.S. Equal Employment Opportunity Commission (EEOC) released its fiscal year 2014 private sector data detailing information regarding the 88,778 charges of discrimination it received. The EEOC’s fiscal year (FY) ended September 30, 2014. The five percent reduction from FY 2013 was attributed in part to the government shutdown. The shutdown occurred during the first quarter reducing charge filings by 3,000 to 5,000 compared to other quarters. Claimants recovered $75.9 million less when compared to the previous year. Retaliation-based charges continued to be the most prevalent, accounting for nearly 43- percent of all charges filed. This is the sixth consecutive […]

February 11, 2015

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Compliance

Email Is The New Water Cooler

The National Labor Relations Act (NLRA) provides employees with the right to self-organize or join a labor organization and to engage in concerted activities. Historically, employees gathering at the water cooler is considered protected, concerted activity. Activities become concerted when an employee is representing other employees or when more than one employee is speaking. This becomes a protected activity when the topic is about work conditions, such as wages and hours or seeking representation. Non-unionized private sector employers as well as unionized employers are forbidden to interfere with this employee right. Employers need to be aware that their policies can […]

January 14, 2015

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Compliance

Prepare Now To Stay Union-Free

The National Labor Relations Board (NLRB) removed unnecessary barriers and reduced unnecessary delays according to its final rule on the union election process. This ruling has been referred to as “quickie or ambush elections”. It was published in the Federal Register on December 15, 2014 and will take effect April 14, 2015. In their ruling, rules about documents and communications are modernized in light of new technology. Electronic filings and communications will replace paper petition filings and notifications. Election petitions can be filed with the Board and served on the employer electronically. Currently, employers are not required to post a […]